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Request to Rezone 690 W. Locust Street_Kava Real Estate, Ron Kline Copyrighted January 22, 2019 City of Dubuque Public Hearings # 2. ITEM TITLE: Request to Rezone 690 W. Locust Street SUMMARY: Proof of publication on notice of public hearing to consider a request from Kava Real Estate, LLC to rezone property at 690 W. Locust St. from C-1 Neighborhood Commercial District to C-3 General Commercial District, and the Zoning Advisory Commission recommending approval with the condition that a bar/tavern be struck from the list of permitted uses. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 690 W. Locust Street from C-1 Neighborhood Commercial District to C-3 General Commercial District with conditions, as established in the attached Memorandum of Agreement SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Material Supporting Documentation Vicinity Map Supporting Documentation Staff Material Supporting Documentation Ordinance and Memorandum of Agreement Ordinance Suggested Nbtion Wording Supporting Documentation Pla�vting Seivices Department City Hatl �uhuque 50 W est 13��Street THE CITY OP � Dubuque,IA 52001-4864 ap.��p (563)589-4210 phone � V L L 1 I I'I I� (563)539-4221 f�x (563)690-6678 TDD zom�zoi2 plannin¢«ciryofdubuque_org Masterpiece on the Mississippi zou zot� January 10, 2019 , The Honorable Mayor and City Council Members City of Dubuque � City Hall — 50 W. 13'" Street DubuquelA 52001 Applicant: Kava Real Estate LLC Location: 690 W. Locust Street Description: Rezone C-1 Neighborhood Commercial District to C-3 General Commercial District Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant, Ron Klein, spoke in favor of the request, explaining the proposal to rezone the property from C-1 to C-3 would allow additional uses above and beyond what is currently allowed in the C-1 District. He explained he would like to expand the building and possibly add a self-service car wash. Staff reviewed the staff report, noting the present size and location of the property, and the permitted uses allowed in C-1 and C-3 zoning districts. Staff described the present and previous zoning history of the property and noted that the service station at this location had been in operation since 1959. Staff explained that the existing service station is grandfathered, and by rezoning the property to C-3 General Commercial, it will bring the property into compliance with current zoning regulations. There were two public comments in opposition to the request, contending that the requested rezoning to C-3 would allow the property to be used for a bar/tavern, and concerns with regard to increase in noise from the addition of a carwash. The Zoning Advisory Commission discussed the request, the present uses of the property in the C-1 District and the surrounding zoning. The Commission discussed striking a bar/tavern from the list of permitted uses in the C-3 District. Mr. Klein indicated he had no objections to this condition. Service People Integrity Responsibility Innovatlon Teamwork The Honorable Mayor and City Council Members Page 2 I Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request C-1 Neighborhood Commercial to G3 General Commercial with I the condition that a bar/tavern be struck from the list of permitted uses. I A simple majority vote is needed for the City Council to approve the request. A super majority vote is needed to approve the request without the condition recommended by the Zoning Advisory Commission or with additional conditions. Respectfully submitted, ��- �� Thomas Henschel, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility hmovation Teamwork I T��TY��' City of Dubuque DT TT � Planning Services Department u ,� Dubuque, IA 52001-4805 Masterpii�ce on fhe MississiFrF�i Phone: 563-589-4210 Fax: 563-589-4221 plannina aCXitvofdubuoue.ora PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review (Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viabilitv ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation choose one ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition ❑�Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please tvoe or orint leqiblv in ink P�opeityowner(s): KAVA REAL ESTATE LLC Phone: 563-213-0473 Aaare5s: 13384 BMR Lane ��ty: Dubuque state: IA Z�P: 52002 Fax #: Cell #: E-mail: Applicant/Agent: Salll2 8S AI�OVB Phone: Address: City: State: Zip: Fax #: Cell #: E-mail: 690 W. Locust Street Select Site location/address: Neighborhood Association: Gl C-3 N/A Existing zoning: Proposed zoning: District: Landmark: ❑ Yes � No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): �0.24.�58.��7 Total properry pot)area (square feet or acres): apPrOXllllat2ly 15,168 sq ft Describe proposal and reason necessary(attach a letter of explanation, if needed): To rezone the property from C-1 Neighborhood Commercial to C-3 General Commercial. CERTIFICATtON: I/we, the undersigned,do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Properry Owner(s): /"' �� L��V �ate: �� -�� / � � / Applicant/Agent: / Date: C ��L�G� FOR OPPICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST �,S�j� Fee: $475 Received by: � oate: ��Sl�'Docket: � �� o � � � January 2, 2019 �� '� f� <� � ' Subject:The rezoning of 690 W. Locust �(OF D�;;G�1UE I PLFlN^D;JG SER�!!CES DcPARTpd�PiT To whom it may concem: I have own both apartment buildings directly behind 690 West Locust since 1994. The 11 units total are located at 1925 and 1949 Pierce Street. Bo[h 6uildings will be greatly impacted by the future uses for the 690 W. Locust property. I would like to start by commending the new owners for deaning up Ihe property and removing all the wrecked cars, scrap metal and used tires that were allo�rred to be piled on the properry because it was grandfa[hered in as a service station. I would also like [o add that the new owners purchased the property with the full knowledge of the current zonina and the uses allowed. That being said, I am not in favor of changing the zoning from C1 neigh6orhood to C3 General Commercial. My concerns s[em from the wide range of business that could be allowed if the zoning was chanoed, for example a bar or tavern, self-service car wash,contracror shop or storage yard,or laundromat. Since there is no current proposal for a new 6usiness to go into Ihe space it seems premature to change the zoning. Since the prop2rty sits in an old and established neighborhood surrounded by single family and apartment houses I feel it would be best served to mairtain ihe current toning. I believe keeping the zoning Cl Neighborhood best serves the current and future neighbors until a time a new business is proposed and it can be judged on its o�vn merit. Thank you for your time and consideration. Sin�erely Robert Smith 563-590-023G � . ; • . . ,�. TttE crry or �� ' . {r �i v+Y , . :. �V L � IIII'1 � •il ,' � � � � � :=Y � � Masterpiece on the Mississippi o;;.;o;; " ` a � � � ' � C ` Vicinit Ma � Y p . -� � �; .- . �:' ; � � . � , -, . �;�' , -�•.kn m' � t'' _ �—, _�� R . � �,� � �i �-_, '-��p��" �� re. . .� . �, N�'" s � �� '�..� Ii �,!' �-� _ -- � 7 � � BVRVPD j • ei. PS { I N� . � ,� R I � _i� ° i . _. .J�-.��... . _ .« y ..� .-.. �._� � .I I __�� I I� I �� I . % ... . �___ 1 . G� .,N ��I �i /� � ��f`v.u.��'(i _ � _ __l / W LOCUST ST �, •,r r ,� � ��- � �. . � -I f I�II --.. o c T t ��»--�� ' -i \ y r`� � t_, \ rf � ��Yr-i__' y� �� . / I �''-1_ �� ^re � ryL , * , �, i��,l'� '�__.,, i � �.� ...._.,.�:, , i' �- ' L f,' �� ^• � , .�� : �f '� •• r.-� � �I, r ,�j - f� ' f . .�i r�� ,f 9• � .,�`A'�� ` City of Dubuque �- / o�;, r t ` y � � � E i��-� I � -- "' ^ Applicant Kava Real Estate LLC L'`' ,� � .�. ; , 1 �, ,�.. ,- ,� ;. . :�. �r�s _ _. , ,� • . �.e � - Location: 690 W. Locust St. � ZZ . �s� � ,� �` .r. � y.ti ' ♦ K �� .,. '. Description: To Rezone C-1 Neighborhood - „�,� •�� :�+� - , a� �t � . '` Commercial District to C-3 { ,: . . -•�sae- rtx•�'�!�^"� �� " General Commercial. . ' �.. .4� 4 �.., � N � � � � �.� � V I�i�,... h� �` N,{,:�= T V �� • , •... , + `4.'',y!_ ,.`�` � • 3'► N ,r.o .`,..+� .s I -i Parcels ' t' r �v:�� - .,a✓ ' Y� r 1�� y r.,'. __- f 4 4. r `,', " "'�-°' � �' T � :.;` � Q Subject Property ' r•.--ti ,` ..� . ,�.1. a ,= + ,� .�'�',.r,..��,' �,y��►Si, . ' ;� i L....1Citylimits :,,s , " ,, , �` i�� .3,.� +'�. . �.. ,, :'�� ;�,�-' _''��` . '�LU 4 � y � ID �•~�"+ +;1,h ' ��+•s�. , �• •, •..� /��r�~y� � + t OISCLFIMER Ttis-! f nxascomPletlusn9lM1e �t �, ,��j K � �� ..� , �-� �i'$F�` � (` DubuqueNeaGeog ph' I f rtnafo System(DAGI57 w�icM1 N � r' -� "# * ti , • � . "T.�h� Inclutlestlatacreatedbyb fM1IM1 C�y f0ubuqueend � � j ., . �. � D b q C ty Itlsundes[ �[M1 I.wtilelM1eCly 1 „' . y{(� , \ y��. .1 '+� e� D b q tlp M1cpa�ingag ' (lii tl�hemos[ [ �~� - a a t � to t I bl OAGIS tl'1 pP�� tlo i �}( not rranllM1ea y renryorN ' f C rtlala � {'1...IIC� R'.. , � .: ��i •� •1 � ']`. . rol ' tlM1 - . TM1CtY dPrt �Pa199 M1llnot �y."� r . � � �` � � � '� . , bBM1 Idl� �I f 0 yGIIECI, E� 1, IE �BI CO 5 Q �IBI, � �t ?L� �z'� �:t��} , p t specal0ame9 h the�/oreseeeble � �� _ " ; . .'4- � o '��50 �oo� �oa usr ' oi a-- y � nn �no�= a ��a�mor:ea 1:1,000 � � � +� rtn aateorme nnyrou:em'saetaorwtorany '� .. '�* � � �� • e ,�l' ... y `�^\ � Ir /r�v Peel � breacn oiwerrenlr wM1ats ver. REZONING STAFF REPORT Zoning Agenda: January 2, 2019 Property Address: 690 West Locust Street Property Owner: Kava Real Estate Applicant: Same Proposed Land Use: Commercial Proposed Zoning: C-3 Existing Land Use: Commercial Existing Zoning: C-1 Adjacent Land Use: North — Residential Adjacent Zoning: North — R-2A East— Residential East — R-3 South — Residential South — R-3 West— Residential West — R-2A Former Zoning: 1934 — R-2 Two-Family Residential Total Area: 15,168 sq. ft. 1975 — R-4 Multi-Family Residential 1985 — C-1 Neighborhood Commercial Property History: The property was platted Lot 1, 2, & 3 of Connolly's Subdivision. The subject property was originally zoned R-2 in 1934. However, the subject property has operated as a filling station since at least 1959. Building permits where found for the construction of a new masonry service station in July of 1959 and an addition in May of 1988. The subject property operates under grandfather status. Physical Characteristics: The subject property is an approximately 15,168 square foot corner lot located at the intersection of W. Locust, Pearce, and Kirkwood Streets in a mixed-use area. The property has triple frontage with those streets. The property accommodates an approximately 2,130 square foot building on a single level. The property has on-premise as well as on-street parking available. Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed-use residential and commercial uses and recommends buffering non- compatible uses from each other. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: IDOT 2017 Traffic maps indicate 4870 average daily trips along W. Locust Street just west of the subject property. i Rezoning Staff Report - Page 2 Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment as the site is fully developed. Adjacent Properties: The adjacent property to the west is R-2A Alternate Two- Family Residential and the adjacent property to the south is R-3. Conversion of the subject property from C-1 to C-3, because of the potential increase in intensity, may generate increased noise. However, due to its current use, may or may not generate increased traffic, demand on parking, and/or activity. The proposed rezoning may have an additional impact on the neighborhood. CIP Investments: None proposed. Staff Analysis: The applicant is requesting to rezone the subject property from C-1 Neighborhood Commercial to C-3 General Commercial. The property is an approximately 15,168 square foot lot located at the intersection of W. Locust, Pearce, and Kirkwood Streets in a mixed-use area. The property accommodates an approximately 2,130 square foot building on a single level. The property has access to both on-premise and on-street parking. The subject property was zoned R-2 in 1934. However, the subject property has operated as a service station since at least 1959. The property operates under grandfather status. The applicanYs request represents an increase in intensity from a C-1 District to a C-3 District. The C-3 District permits retail sales and service uses that are not permitted in the C-1 District. Several of the uses listed in the C-3 District would not likely be located on the subject property due to site constraints such as limited access, parking, and buildable/lot area. Attached to this Staff Report are the allowed uses for both the C-1 Neighborhood Commercial District and C-3 General Commercial District. Conversion of the subject property from C-1 to C-3, because of the potential increase in intensity, may generate increased noise. However, due to its current use and lot limitations, may or may not generate increased traffic, demand on parking, and/or activity. The proposed rezoning may have an additional impact on the neighborhood. As stated previously, the current use as a service station is legal non-conforming (and grandfathered.) It may continue to be used as a service station provided that the use of the property does not change. Rezoning the property to C-3 will bring the current use into compliance with current zoning regulations. However, the rezoning will permit many other uses. See the attached list of additional C-3 uses. Rezoning Staff Report - Page 3 ; I Staff recommends the Commission review the criteria established in Section 9-5 of the � Unified Development Code regarding granting a rezoning. Prepared b� , � Reviewed: � Date: /.�• 7l� • l8 Section 2—Land Use Regulations Chapter 5: Zoning Districts � y �-; 5-10 Gl Neighborhood Commercial `�—'`" The C-1 Distnct is intended to be established on a very limited basis, to provide individ- - �� ual parcels for coimnercial and residential uses in older buildings in the Ciry's estab- i.:_�_ � lished neigl�borhoods, �v1�iLe maintaining neighbarhood character and fostering opportu- �... � nities for affordaUle housiug. ' I Giroccry store 5-101 Principal Permitted Uses The following uses are permitCed in fhe C-] District: l. Bakery(retail only) � 2. Barber or beauty shop � 3. Flower sl�op, garden store, or commercial greenhouse ��. 4. General office 5. Grocery or drug store (maximum 3,500 square feet) 6. Laundromat ��N� 7. Multiple-family dwelling (maximum six dwelling tmits) � - 8. Place of religious exercise or assembly � � �� 9. Raih�oad or public a�quasi-public utility, including substation �_. 7 0. Retail sales and se�vice ' "` 1 l. School of private insri-uction 12. Shoe repair �� 13. Single-family detached dwellii�g _ � 14. Towuhouse(maximum six dwelling units) _ 15. Two-family dwelling(duple�) � � School of dance I � i 5-10.2 Conditional Uses The following conditional uses may be pennitted in the C-1 District, subject to the provi- sions of Section 8-5: - � � - 1. Gas station (not i�cluding service station) — 2. Indoor restaurant � .�--�TM � 3. Licensed adult day services �'� ' 4. Licensed child care center � 5. Medical office �- .=-� . a� 6. Wind energy conversiou system c.,,:.. i �� I 5-10.3 AccessoryUses �� •� _ FI The followiug uses may be permitted as accessory uses as provided in Section 3-7: ; 1. Any use customarily incideutal and subordinate to the principal use it serves _ _. . .. .�aeu:��_�. Medical office �' W°�d h�rbine (building-inounted) 5-10.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. ; ,��T�} ' S-10.5 Parking '� '�:�� Minimum parking reqwrements shall be regulated in conformance with the provisions of Chapter 14. � ' '�_ ;� 5-10.6 Signs Licensed child Signs shall be regulated in conPormance with the provisions oF Chapter 15. care center � ,,,�„�,:, C _ " DUB E Section 2—Land Use Regulations Chapter 5: Zoning Districts � 5-10.7 Bidic Regulations �, � - — �� - lii � � �. �� _ S�Iix '�l ' .' _ ...p � -t,`e,' �y. ' �I I��i�o II a� � +a��to I �ti lu`ro l� yr � �y,,�u7��,,�- y 3., - r)��Wl�'�,,°�u�aaolalTe-�T°l'4a°]�`fn.C�n3[.ih � '�.tT. li�-Id 1�.�-�. �� T�'� � leV'�1�Iy�e(X� �� l�ikele^1�- a11N� �CZfif ��{��'�� _ , ' � f YolBYCd= : � �( ��'w. � r ��• � ' - { � �,:CP . ' • -': ' x->' t1� t-1�; ftr�:�- GaMa� ° �I f�+ � '�1 r��-'�) , �/��3p�. . I� �_'' _ — _.. - — Ail Us�s ._ __. __.._ ._ ___ 10 ' -- -- --- 30 � Minlmum 20 teetfor garages fading a street. Z When abutting a residential or offce-residenCial dlshict,a sixfoot side setback is required. I �I .3 When abutting a residential or offce-residential district,a 20 foot rear setback is required. . ' 5-10.5 Staudards fm•Nonresidential Uses � The following standards shall apply to all nonresidential permitted and condiCional uses in ttie G1 District: A. The use shall be established in an existing structure tharivas desi�ned for public, quasi-public, commercial, � o�ce, institutioual, or ii�dustrial use. � B. The structure was never converted to a residential use afrer the effective date of this section. ( C. The use shall be conducted entirely withui the snucture. � D. There shall be uo outdoor storage of equipment or materials on the property or adjacenC public right-of-way. i E. All vehicles in eXcess of rivo, used in conjunclion with the use shall be stored within a building when they � remain on the property ovemight or during periods of nonuse, unless an alternate parking location is provid- � ed in a properly zoned area. (I �i -.� --Midpomt � �f� LotArea �� . I '�`�� -------�� II �'' hteight - . �, - ', � Pro er � � , Shed Reof � ��f� P tY �''.^, �- I __ �$mlda6le-/vea � I � . _ _,I ��, � �a� � Midpomt � � � � __ i �- _—� ��.. lie�ght � I � � Tt m � _ ; p -- ' i �i 6able or Fiip Roe( � � ' � s I� � - - a Deckline I I _ . �� _-- _— � - � : . F1e�c�ht ' � �I ` i �r ��y �s Reguired_ ^+" i � i �� r{� E� ( � Front �i � � � Mansard or Gnmbrel Roof �Lot Width^_ —'�� i ; �Setback -1� � �1 ' Ftighest Level I t ---- '-�-'; f - � ---� — ___. - --. . . __{ �. _—_ hieight I I �Lot Frontage i � � 4 I Street Street F t R2oF________ __ I j. — Dus� E � � Section 2-Land Use Rcgulations Chapter 5: Zoning DisCricts 5-13 C-3 General Cmnmercial � The C-3 DisU ict is iuteuded to provide locations for commercial uses which are designed � to seive the motoring public or uses requiring highway or a�terial locafions. � �;. - �� , 5-13.1 Principal Permitted Uses a 1 � I The following uses are permitCed iu the C-3 district: � ��t" ��I 1. Agricultural supply sales _� 2. Animal hospital or clinic 3. Artist studio � � Departinent store 4. Auditorium or asseinbly hall 5. Bakery(wliolesale/commercial) j6. Bank, savings aud Ioan, or credit union � 7. Bar or tavern 8. Barber a beauty shop ��T��"�i� � 9. Businessservices 1�i�", 10. Carwash, full se�vice 11. Carwasl�,self service � ��j�•��' 12. Construction supply sales or service I� ; a�c'" 1, ]3. ConYractor shop oryard �'''-�' 14. Dental or medical lab i�,,: � A � �;� ; '. � 15. DepartmenC store(60,000 square feet maximum) 16. Farm implement sales or service i 17. Furniture upholstery or repair i 18. Gas station � -- 19. General office i Indoor amusement I arcade 20. Grocery store 21. Hotel � 22. Indoor amusement arcade � 23. I�idoor recreation facility 24. Indoor restaurai�t 25. Indoor theater "'-� 26. Lauiidry, dry cleaner, or laimdromat I �7. Medical offce �?�++�,�� j 28. Mini-�varehouse � - �,,,,r� 29. Mobile or manufach�red hon�e sales or service p� 30. Mortuary or funeral home _1� ■+i •�� 31. Moving or storage facility � _ j 32. Museum or library � Mini warehouse "' Neighborhood shopping ceoter _ 34. Parking structure 35. Pet daycare or grooming 36. Photographic st��dio � 37. Place ofreligious exercise or assembly �M1�Y '_.. �� 38. Printing or publishing T.-�-�--�� 39. Private club �r� � 40. Public or private parlcs, golf course, or similar naYural recreatiou areas �� 41. Raih'oad or public a�quasi-public utility, including substation � . - �� 42. Residential use above the fust floor only � �� 43. Restaurant, drive in or carryout �''�"'�----� 44. Retail sales a�d service Vcliicle sales A5. School of private iustruction or rental � D u E Section 2—Land Use Regulations Chapter 5: Zoning Districts �� 46. Se�vice station 4Z Tattoo parlor 48. Tour home 49. Vehicle body sho� 50. Vehicle sales or rental 51. Vehicle service or repair � 52. Vending or game machine salas or service � 53. Wholesale sales or distributor i 5-13.2 Conditional Uses � The following conditional uses may be permitted in the C-3 District, subject to the provisions of Secfion 8-5: 1. Licensed adult day seivices 2. Licensed child care center 3. Outdoor recreation or outdoor amusement center ' 4. Passenaer transfer facility 5. Wiud energy conversion system 5-13.3 Accesso�y Uses The following uses are permitted as accessory uses as provided in Sectimi 3-7: � 1. Any use cusYomarily incidental and subordinate Co the principal use it se�ves ' 2. Crematorium accessory to a mortuary or funeral home 3. Wind hn�bine(buildiug-mounted) 5-13.4 Temporary Uses Temporary uses shal] be regulated in confoi7nance with the provisions of Section 3-19. � 5-13.5 Parking i Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-13.6 Sigus � Sigus shall be regulated in conformance with the provisions of Chapter 15. � ! i ��.��,,�� - i _ .:::„_. _ DUB E Section 2—Land Use Regulations ChapYer 5: Zoning Districts � 5-13.7 Bulk Regidations � f Y�� '� � ��"il�of7 � �uflni{I�oi � �Wf4,<�I�S°f� � � � �{�IIiG'��s.��li�� q �� i��i� ��f��Y]�Fi��a�'au4��1"�r� r � f��,�r1-(�' ��alYa� 7 - � �. e �i � �� r _ _ . � ( rt-ks I`�(ol�ff3.l9t� ��1a��e�li�-�j � � f ��n'�� y � . + � P��c-C�! � rfir-c-t1__I _�d-r--��,'� � I��rh� �� li�� ;�_ � f�tX3}�- (�%�a�. I� t . I ,. � �_ � � ( u � I , I _ I� (��i '� Li ensed �c� ilidays��ncos, � � ! Licensed child care center 5,000 50 50 20 -- — --- 40 I Vehlcle sales 20,000 --- --- 20 --- --- --- 40 ' NlOtherUses --- --- --- 20 --- --- -- 40 'When abutting a residential or offce-resideniial district,a 20 foot side setback is required. i '`When abutting a residential or offce-resideniial district,a 20 foot rear setback is required. I I` . ._ . �! i �—Midpant I�' � - - ---- --� �'-—— ---� �-,Y'•� Lot Mea ,�`,s, ��, ��y`'FSciIdJ61e Arca � lieight I� s Property Line—� I,� 'I I� �, I Shed Roof � � � i `!`"_ � l��> S�`-��.�i . '�i .I+�- �,. - --a—Midpomt ��. . �.� �� I ' ^r: � , � I ,��'i I Yiei,�ht . .. -_.--_ - ..'i+'z' I �` ., �j � � Gat�le or tiip P,ocf � � � � �' � � �, � � �. � Deckline � , ! � # � ,� �. � ��µ � _ �� i yCµv. .� � Fieight ' 6„rr � -p��+[''y: t f: �S; � 8t r [;'f��.�"'. ��,!` �� '.., �v1.�ns�r;1 or G�mbrel RooF ' � 1 ' \J_n � ' ____ '�M �.�. . ' . � Lot Width ' � _ tRequired Fro`nt Setback ' '�� =--- ------------• � � ' `---------------' - '. � liighest Level j �Lot Frontage � tieic�ht Street I Street �� i �� Dus - E The following uses are permitted in the 25. Indoor theater � C-1 District: 26. Laundry, dry cleaner, or laundromat i 27. Medical office 1. Bakery (retail only) 28. Mini-warehouse 2. Barber or beauty shop 29. Mobile or manufactured home sales or 3. Flower shop, garden store, or service commercial greenhouse 30. Mortuary or funeral home 4. General office 31. Moving or storage facility �I 5. Grocery or drug store (maximum 3,500 32. Museum or library I square feet) 33. Neighborhood shopping center 6. Laundromat 34. Parking structure 7. Multiple-family dwelling (maximum six 35. Pet daycare or grooming dwelling units) 36. Photographic studio 8. Place of religious exercise or assembly 37. Place of religious exercise or assembly 9. Railroad or public or quasi-public utility, 38. Printing or publishing including substation 39. Private club 10. Retail sales and service 40. Public or private parks, golf course, or 11. School of private instruction similar natural recreation areas 12. Shoe repair 41. Railroad or public or quasi-public utility, 13. Single-family detached dwelling including substation 14. Townhouse (maximum six dwelling 42. Residential use above the first floor only units) 43. Restaurant, drive in or carryout 15. Two-family dwelling (duplex) 44. Retaii sales and service 45. School of private instruction 46. Service station The following uses are permitted in the 47. Tattoo parlor C-3 District: 48. Tour home 49. Vehicle body shop 1. Agricultural supply sales 50. Vehicle sales or rental 2. Animal hospital or clinic 51. Vehicle service or repair 3. Artist studio 52. Vending or game machine sales or 4. Auditorium or assembly hall service 5. Bakery (wholesale/commercial) 53. Wholesale sales or distributor 6. Bank, savings and loan, or credit union 7. Bar or tavern 8. Barber or beauty shop The highlighted uses overlap from C-1 to C-3 9. Business services 10. Carwash, full service 11. Carwash, self service 12. Construction supply sales or service 13. Contractor shop or yard 14. Dental or medical lab 15. Department store (60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station 19. General office 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant Y� w;.. :,,,� `,��,_..r,,� r,,, � � i �I ; � � . r-. �w. � j ' j� f � �r�. - ' - . � ,��" . � � 1 ♦J � s ,, �. � F: !r . .» '."k '.� �� ,` s . . ,.: �' �,�._, ��.r.,'-., , . Yr -w �"X�+� .a M ,�_ � ��?: � I � � � .� f � � :'� L .a;� 1' .-. _:Y. ��`. _� 'i �,- , ' \�� ,',.` x•+ C. �, � i ',. A ` ,. +. � � 'i• � � , "-.r .�� • r . . fi .. � .. _ ` c � • .. y �.f. . � _ . �.� � � �,Iti._. �ge- s '� ��; .,t ,r ' --. ✓..yFke+.Ji» c.. ' C ,Z .4 ��f- '� � ' L�. F �� , �, ,,.��t' ` _,��*,,. f�—. '�: . UI. '� } � � . � •' _y �r ' ( , . . . �� .,, � �� . :�a�i '� -r'� • r I/1 '%"F.. � . . ` . \.. .. '� �. � � V� �1� .t � ' • � . l " �ii� • . . '. ^= � 'e♦ `• . � /� .J _ �• � �' 1 // �� .y::.. � — '�� _,. r� �' �y1 4� r� �-^ �".. _ � �� : •� - r` r, ;� � � � _,_ �' { � �i , � -�-�: - ::,-_ .. + .�� `� _"s r. . �' � - .r( .-' Y. � `�r, . �� ..�� .� ..� _ � � L�,' ` '�� _ �L":''.• ��' � - -_ i ' I ' � '� + •,r'�� V y `�CUsr ST � -�,, .. . .. �"'�►:- .,,� � .�� , , , � - :_ �J ' h. ��'f� � t' . ,� ..,� �, � u ,F'��^ _.. , . F : � - , ,, � s _--_ , _Y:� _ ,.- , z " " � : .. '�Y w �C Prepared by: Laura Carstens, City Planner Address: City Hall 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 7-19 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 690 W. LOCUST STREET FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from C-1 Neighborhood Commercial District to C-3 General Commercial District with conditions, to wit: Lots 1-3, 1-2 and 1-1 of Connolly's Subdivision and Lot 1 of City Lot 711, and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 22nd day of January 2019.ili LQ4/ Roy D. Buol, Mayor Attest: Kevvri S. Firnstahl, 'ity Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2015), and as an express condition of rezoning of the property located at 690 W Locust Street and legally described as: Lots 1-3, 1-2 and 1-1 of Connolly's Subdivision and Lot 1 of City Lot 711, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 7-19, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Condition: 1) That a bar or tavern is prohibited from being established on the subject property. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C-1 Neighborhood Commercial District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded at the property owner's expense with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 7-19. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, successors and assignees. ACCEPTANCE OF ORDINANCE 7 -19 I, Ron Klein, representing Kava Real Estate, LLC, having read the terms and conditions of the foregoing Ordinance No. 7 -19 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of --)C _ XStf-2019. By: Ron Klein State of Iowa ) ) ss: County of Dubuque ) On this ) day of 5c 2019, before me, a Notary Public in and for said state, personally appeared Ron Klein, to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in the State of Iowa My Commission expires: c- Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dubuque. org Kava Real Estate, LLC 13384 BMR Lane Dubuque IA 52002 Masterpiece on the Mississippi • RE: City Council Public Hearing — Rezoning Request Dear Applicant: Dubuque -been CRT ' 1111.' 2007.2012 2013.2017 January 4, 2019 The City Council will consider your request to rezone property located at 690 W. Locust Street at a public hearing on Tuesday, January 22, 2019. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:00 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. The Zoning Advisory Commission recommended approval of your request with conditions. If you don't agree with the conditions, please be prepared to discuss your reasons at the public hearing. If you agree to the conditions placed on your rezoning request as described in the enclosed ordinance, please have a Notary witness your signature and date the enclosed acceptance form. There are notaries available at City Hall to witness your signature at no charge. Please return the signed acceptance form to City Clerk Kevin Firnstahl, City Hall, 50 W. 13111 Street, by 12:00 p.m. on Tuesday, January 22, 2019. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a meeting to commence at 6:00 p.m. on Tuesday, January 22, 2019, in the Historic th Federal Building, second-floor, 350 W. 6 Street, Dubuque, on the following: Rezonings Request from Kava Real Estate, LLC to rezone property at 690 W. Locust St. from C-1 Neighborhood Commercial District to C-3 General Commercial District. Request from Josh Kuhn, to amend the Warren Plaza Planned Unit Development (PUD) at 3500 Dodge Street to permit 3 freestanding directory signs. Copies of supporting documents for the public hearings are on file in the City Clerk’s th Office, City Hall, 50 W. 13 St., Dubuque, Iowa, and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City th Clerk’s Office, 50 W. 13 St., Dubuque, IA 52001, on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Any visually- or hearing-impaired persons needing special assistance or persons with special accessibility or language needs should contact the City Clerk’s Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC City Clerk 1t 1/11 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 11, 2019, and for which the charge is $21.58 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /50, day of Notary P lic in and for Dubuque 4N9,9 OW- , 20/9 . elounty, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby giv- en that the Dubuque City Council will con- duct public hearings at a meeting to com- mence at 6:00 p.m. on Tuesday, January 22, 2019, in the Historic Federal Building, sec- ond -floor, 350 W. 6th Street, Dubuque, on the following: Rezonings Request from Kava Real Estate LLC to re- zone property at, 690 W. Locust St. from C-1 Neighborhood Com- mercial District to C-3 General Commercial District. Request from Josh Kuhn, to amend the Warren Plaza Planned Unit Development (PUD) at 3500 Dodge Street to permit 3 free- standing' directory CopieS of supporting d°666litsfOeharliub- lid hearings are on file in the City Clerks of- fice, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be,, viewed d6ring normal 1 working hours Written comments re- garding the above pub- lic hearings - may , be submitted to the City Clerks Office, 50 W. 13th St., Dubuque, IA ,11::'`Lon4,1117,-Liefere saidtime 9f pib c hearing At said time and Place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said propos- al. Any visually- or hear- ing-impaired persons needing special assis- tance or persons with special accessibility or language needs should contact the City Clerk's Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior tothe meeting. ' Kevin S. Firnstahl, CMC, City Clerk It 1/11 IIIII MIU11IuI'11AIIINi Doc ID: 010237460004 Kind: ORDINANCE Recorded: 01/24/2019 Fee Amt: $22.00 Page Dubuque County Iowa ,john Murphy Recorder IlI IIli Type GEN at 03:04:04 PM 1 of 4 Fiie2419-00000916 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 7-19 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 690 W. LOCUST STREET FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from C-1 Neighborhood Commercial District to C-3 General Commercial District with conditions, to wit: Lots 1-3, 1-2 and 1-1 of Connolly's Subdivision and Lot 1 of City Lot 711, and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 22nd day of January 2019. Roy D. Buol, Mayor Attest: Kevy S. Firnsfahl, ity Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2015), and as an express condition of rezoning of the property located at 690 W Locust Street and legally described as: Lots 1-3, 1-2 and 1-1 of Connolly's Subdivision and Lot 1 of City Lot 711, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 7-19, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Condition: 1) That a bar or tavern is prohibited from being established on the subject property. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C-1 Neighborhood Commercial District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded at the property owner's expense with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 7-19. Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, successors and assignees. ACCEPTANCE OF ORDINANCE 7 -19 I, Ron Klein, representing Kava Real Estate, LLC, having read the terms and conditions of the foregoing Ordinance No. 7 -19 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this \ day of 2019. Ron Klein By: State of Iowa ) )ss: County of Dubuque ) On this 1f day of 2019, before me, a Notary Public in and for said state, personally appeared Ikon Klein, to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in the State of Iowa My Commission expires: s- z STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 25, 2019, and for which the charge is $16.87 ,S2 PLItte Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ce-vi day of -u , 20 /7 . Notary .lic in and for Dubuque ty, Iowa. WARY iC WFSTERMEYER 131,111ISSi011 Number 154885 My Cornmlesinn Exp. Feb. '1, 2020 OFFICIAL PUBLICATION ORDINANCE NO. 7-19 AN ORDINANCE AMENDING TITLE 16 ..OF THE CITY OF t.,;DUBUQUE CODE < OF " ORDINANCES, UNI- • FIED' DEVELOPMENT CODE, -BY RECLASSI- FYING .HEREINAFTER DESCRIBED PROPER TY LOCATED, AT`=690`, W LOCUST, STREET FROM, C -1',N E,GHBOR- HOOD .COMMERCIAL, DISTRICT .. TO .'::C-3 GENERAL COMMER- CIAL DISTRICT WITH :', CONDITIONS, AS ES- TABLISHED IN THE ATTACHED MEMO- RANDUM OF AGREE- NIENT NOW, THEREFORE, BE IT ORDAINED, BY ,THE. CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 or .the City°,of Dubodue Code ofOrdi- nances, Unified ,DEvel- topmentCode is hereby, ;amendedby reclassify- ing the here naftet de- scribed; -property from C 1 Neighborhood Commercial District'to I C-3 ''General Commer- j cial District with condi- tions,to wit Lots 13,x1 2 and 1,1of (Connollys Subdivision and 'Lot"1 of City, Lot 711, and to the center- line" of the adjoining public .right of way,'all in the city of Dubuque, Iowa .?z Section 2 The forego- ng amendmept has heretofore been re- viewed by the Z',oning l�tluisofy Commission i5f the City of Dubuque, Section' 3. This ordi- `nance shall take effect immediately "upon 'pub- lication, as provided by `=law Passed, approved and adopted;;this'22nd day .� of January 2019;,' /S/RoyD Buo','Mayor; Attest: /s/Kevin S.; Firnstatl, City "Clerk`. Published officially in, the Telegraph Herald • newspaper on the; 25th day of January 2019. /s/Kevin S. Firnstahl, City Clerk It 1/25 STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 7-19 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 24th day of January, 2019. Kevin . Firns ahl, CMC, City Clerk